EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. NRS 209.392 is hereby amended to read as follows:

1-2 209.392 1. Except as otherwise provided in NRS 209.3925 and

1-19 consideration of a prisoner for parole and has provided a current address,

2-1 the division of parole and probation shall notify the victim of the offender’s

2-2 request and advise the victim that he may submit documents regarding the

2-3 request to the division of parole and probation. If a current address has not

2-4 been provided as required by subsection [3] 4 of NRS 213.130, the division

2-5 of parole and probation must not be held responsible if such notification is

2-6 not received by the victim. All personal information, including, but not

2-7 limited to, a current or former address, which pertains to a victim and

2-8 which is received by the division of parole and probation pursuant to this

2-9 subsection is confidential.

2-10 3. The director, after consulting with the division of parole and

2-11 probation, shall adopt, by regulation, standards providing which offenders

2-12 are eligible for residential confinement. The standards adopted by the

2-13 director must provide that an offender who:

2-14 (a) Is not eligible for parole or release from prison within a reasonable

2-15 period;

2-16 (b) Has recently committed a serious infraction of the rules of an

2-17 institution or facility of the department;

2-18 (c) Has not performed the duties assigned to him in a faithful and

2-19 orderly manner;

2-20 (d) Has ever been convicted of:

2-21 (1) Any crime involving the use or threatened use of force or violence

2-22 against the victim; or

2-23 (2) A sexual offense;

2-24 (e) Has more than one prior conviction for any felony in this state or any

2-25 offense in another state that would be a felony if committed in this state, not

2-26 including a violation of NRS 484.3792 or 484.3795;

2-27 (f) Has escaped or attempted to escape from any jail or correctional

2-28 institution for adults; or

2-29 (g) Has not made an effort in good faith to participate in or to complete

2-30 any educational or vocational program or any program of treatment, as

2-31 ordered by the director,

2-32 is not eligible for assignment to the custody of the division of parole and

2-33 probation to serve a term of residential confinement pursuant to this

2-34 section.

2-35 4. If an offender assigned to the custody of the division of parole and

2-36 probation pursuant to this section escapes or violates any of the terms or

2-37 conditions of his residential confinement:

2-38 (a) The division of parole and probation may, pursuant to the procedure

2-39 set forth in NRS 213.410, return the offender to the custody of the

2-40 department.

2-41 (b) The offender forfeits all or part of the credits for good behavior

2-42 earned by him before the escape or violation, as determined by the director.

2-43 The director may provide for a forfeiture of credits pursuant to this

3-1 paragraph only after proof of the offense and notice to the offender, and

3-2 may restore credits forfeited for such reasons as he considers proper. The

3-3 decision of the director regarding such a forfeiture is final.

3-4 5. The assignment of an offender to the custody of the division of

3-5 parole and probation pursuant to this section shall be deemed:

3-6 (a) A continuation of his imprisonment and not a release on parole; and

3-7 (b) For the purposes of NRS 209.341, an assignment to a facility of the

3-8 department,

3-9 except that the offender is not entitled to obtain any benefits or to

3-10 participate in any programs provided to offenders in the custody of the

3-11 department.

3-12 6. An offender does not have a right to be assigned to the custody of

3-13 the division of parole and probation pursuant to this section, or to remain in

3-14 that custody after such an assignment, and it is not intended that the

3-15 provisions of this section or of NRS 213.371 to 213.410, inclusive, create

3-16 any right or interest in liberty or property or establish a basis for any cause

3-17 of action against the state, its political subdivisions, agencies, boards,

3-18 commissions, departments, officers or employees.

3-19 Sec. 2. NRS 209.3925 is hereby amended to read as follows:

3-20 209.3925 1. Except as otherwise provided in subsection 6, the

3-21 director may assign an offender to the custody of the division of parole and

3-22 probation of the department of motor vehicles and public safety to serve a

3-23 term of residential confinement pursuant to NRS 213.380, for not longer

3-24 than the remainder of his sentence, if:

3-25 (a) The director has reason to believe that the offender is:

3-26 (1) Physically incapacitated to such a degree that he does not

3-27 presently, and likely will not in the future, pose a threat to the safety of the

3-28 public; or

3-29 (2) In ill health and expected to die within 12 months, and does not

3-30 presently, and likely will not in the future, pose a threat to the safety of the

3-31 public; and

3-32 (b) At least two physicians licensed pursuant to chapter 630 of NRS, one

3-33 of whom is not employed by the department, verify, in writing, that the

3-34 offender is:

3-35 (1) Physically incapacitated; or

3-36 (2) In ill health and expected to die within 12 months.

3-37 2. If the director intends to assign an offender to the custody of the

3-38 division of parole and probation pursuant to this section, at least 45 days

3-39 before the date the offender is expected to be released from the custody of

3-40 the department, the director shall notify:

3-41 (a) If the offender will reside within this state after he is released from

3-42 the custody of the department, the board of county commissioners of the

3-43 county in which the offender will reside; and

4-1 (b) The division of parole and probation.

4-2 3. If any victim of a crime committed by the offender has, pursuant to

4-3 subsection [3] 4 of NRS 213.130, requested to be notified of the

4-4 consideration of a prisoner for parole and has provided a current address,

4-5 the division of parole and probation shall notify the victim that:

4-6 (a) The director intends to assign the offender to the custody of the

4-7 division of parole and probation pursuant to this section; and

4-8 (b) The victim may submit documents to the division of parole and

4-9 probation regarding such an assignment.

4-10 If a current address has not been provided by a victim as required by

4-11 subsection [3] 4 of NRS 213.130, the division of parole and probation must

4-12 not be held responsible if notification is not received by the victim. All

4-13 personal information, including, but not limited to, a current or former

4-14 address, which pertains to a victim and which is received by the division of

4-15 parole and probation pursuant to this subsection is confidential.

4-16 4. If an offender assigned to the custody of the division of parole and

4-17 probation pursuant to this section escapes or violates any of the terms or

4-18 conditions of his residential confinement:

4-19 (a) The division of parole and probation may, pursuant to the procedure

4-20 set forth in NRS 213.410, return the offender to the custody of the

4-21 department.

4-22 (b) The offender forfeits all or part of the credits for good behavior

4-23 earned by him before the escape or violation, as determined by the
4-24 director.

4-25 The director may provide for a forfeiture of credits pursuant to this

4-26 paragraph only after proof of the offense and notice to the offender, and

4-27 may restore credits forfeited for such reasons as he considers proper. The

4-28 decision of the director regarding such a forfeiture is final.

4-29 5. The assignment of an offender to the custody of the division of

4-30 parole and probation pursuant to this section shall be deemed:

4-31 (a) A continuation of his imprisonment and not a release on parole; and

4-32 (b) For the purposes of NRS 209.341, an assignment to a facility of the

4-33 department,

4-34 except that the offender is not entitled to obtain any benefits or to

4-35 participate in any programs provided to offenders in the custody of the

4-36 department.

4-37 6. The director may not assign an offender to the custody of the

4-38 division of parole and probation pursuant to this section if the offender is

4-39 sentenced to death or imprisonment for life without the possibility of

4-40 parole.

4-41 7. An offender does not have a right to be assigned to the custody of

4-42 the division of parole and probation pursuant to this section, or to remain in

4-43 that custody after such an assignment, and it is not intended that the

5-1 provisions of this section or of NRS 213.371 to 213.410, inclusive, create

5-2 any right or interest in liberty or property or establish a basis for any cause

5-3 of action against the state, its political subdivisions, agencies, boards,

5-4 commissions, departments, officers or employees.

5-5 Sec. 3. NRS 213.130 is hereby amended to read as follows:

5-6 213.130 1. The department of prisons shall:

5-42 opportunity to exercise those rights. If a current address is not provided to

6-1 or otherwise known by the board, the board must not be held responsible if

6-2 such notification is not received by the victim.

6-3 [4.] 5. The board may deliberate in private after a public meeting held

6-4 to consider a prisoner for parole.

6-5 [5.] 6. The board of state prison commissioners shall provide suitable

6-6 and convenient rooms or space for use of the board.

6-7 [6.] 7. If a victim is notified of a meeting to consider a prisoner for

6-8 parole pursuant to subsection [3,] 4, the board shall, upon making a final

6-9 decision concerning the parole of the prisoner, notify the victim of its final

6-10 decision.

6-11 [7.] 8. All personal information, including, but not limited to, a current

6-12 or former address, which pertains to a victim and which is received by the

6-13 board pursuant to this section is confidential.

6-14 [8.] 9. For the purposes of this section, "victim" has the meaning

6-15 ascribed to it in NRS 213.005.